Lake Babine Treaty Workplan
April 1, 2009 to March 31, 2010
Prepared for the British Columbia Treaty Commission
Introduction:
The year 2008-2009 has seen some progress toward the completion of some of the process chapters of an Agreement in principle. The strategic started in 2006/07 fiscal focused on Community consultation, continue to clarifying the negotiation mandate and concentrating on three main issues Governance, Lands and Fisheries. With beginning actual negotiations community consultation becomes more critical and part of the strategic approach is to dedicate at least one third of our energy and resources to ensure community support for continued negotiations.
We have review what has been accomplished at other tables that have produced final agreements. Lake Babine Treaty Team is using other agreements for information and to measure progress in our negotiations.
Lake Babine has a continuing negotiation strategy designed to enable the parties to conclude an AIP within 24 to 36 months. The strategy focuses efforts at the table and in the working groups on those elements that comprise the “core” of the agreement. Lake Babine continues to use the “state of the art” product that has been developed around the province for the structural and process elements of the treaty.
The strategy is to group the AIP topics into two categories and approach work planning on the basis of the strategy suggested for each category of topics. The topic groupings are as follows:
- Process and structural topics;
These are topics that are largely process oriented and in our first round of negotiations Lake Babine has tabled and have substantially completed negotiations on these topics.
- Dispute resolution (Substantially complete)
- Eligibility and enrolment (Substantially complete)
- Approval of the AIP (Substantially complete)
- Ratification (Substantially complete)
- Indian Act transition (Substantially complete)
The following process and structural topics has been table and continue to be negotiated
- Roads and Crown corridors (Approximately 50% complete and moving towards completion)
- Access (moving towards completion)
- Implementation (Substantially complete)
- Core topics
These topics are further divided into three sub groups. The first are those topics that have been the subject of processes at the principal’s level. These topics include:
- General provisions (tabled but not negotiated)
- Fiscal relations (tabled but not negotiated)
- Taxation (tabled but not negotiated)
- Capital transfer (tabled but not negotiated)
- Loan repayment (tabled but not negotiated)
- Resource royalty sharing (mandate being developed)
The strategy with respect to these topics is to build on the reports from the principal’s process and monitor the new work that is being done, particularly with respect to Fiscal Relations and Taxation at the final agreement tables.
The second sub groups are topics with substantive issues in which Lake Babine has table interest documents and have begun substantive negotiations:
Topics include;
- Governance structures and processes (Tabled for negotiations as an incremental Treaty)
- Land (tabled but not negotiated)
- Fisheries and fisheries management (Tabled but Canada refused to negotiate)
- Environmental assessment and land use planning (tabled but not negotiated)
- Heritage culture and artifacts (Substantially complete)
- Future land acquisition pending
- Parks and protected areas (tabled but not negotiated)
- Forestry (wording substantially complete without assets)
- Water (tabled but not negotiated)
- Wildlife and migratory birds (tabled as an incremental treaty proposal)
Specific activities and objectives:
The overall objective is to conclude the substantive elements of the AIP within two to three years. Lake Babine needs to determine whether or not its goals and expectations can be met in the current treaty policy era context. We intend to continue with intense community consultation and communications. A major objective it this fiscal year is to begin and possibly conclude Incremental treaties in Lands and resources, wildlife and Governance.
Given that objective, activities have been grouped by fiscal quarter for the purposes of work planning.
First quarter – April, May, June
Development and tabling an incremental treaty on governance proposal, an Incremental Treaty on lands and resource and an Incremental Treaty on Wildlife. Once tabled these topics will continue through all four quarters. The comprehensive communications plan will continue to be implemented throughout the four quarters. Two major activities are planned in this quarter. First is a youth conference to continue involving Lake Babine youth in visioning for an eventual treaty settlement. Second is to continue elders’ conference to learn from the wisdom and experience of our elders to assist in maintaining a focused approach to treaty negotiations. Continue the work on the overlap issue and will continue through all four quarters.
Second quarter – July, August, September
Activities in the second quarter will focus on the wildlife, land and resource incremental treaty, Lake Babine Treaty will hold an Annual General Assembly within this quarter. Wildlife TRM will be started in this quarter, results of which will be used in the Incremental Treaty negotiations.
The General assembly of the Lake Babine Nation will be held in this quarter and much of our treaty team resources will be focused on planning and preparing for a comprehensive review by communities of the work to date and the negotiation plan.
Third quarter – October, November, December
This quarter has three objectives. We will begin, the same as the previous year, with an internal review of our negotiations mandate based on information gathered from youth conference, elders conference and the general assembly. From this will come a new round of consultation and communications, which will continue, to the end of the fiscal year?
The second objective is to advance the Land use planning process.
The third objective is to fully engage with the governance incremental proposal, both in negotiations and the internal constitutional development work required.
Fourth quarter – January, February, March 2009
This quarter brings all topics together for review, negotiation and consideration in context. Review of progress to date with the view of comparing community expectations with the possibility of developing objectives for the coming year.
Issues related to “shared territories will also be concluded during the fourth quarter. The shared territories affected by an anticipated Final Agreement will require additional resources to conclude.
Summary:
2008/09 was a year of rapid progress for Lake Babine. Many of the process chapters are nearing completion and negotiations on substantive chapters have been started. The plan to negotiate Incremental Treaty agreements will not only move real negotiations forward but also provide a greater opportunity to engage our members. Lake Babine is committed to implementing this focused workplan and achieving an AIP and Incremental Treaty Agreements within the prescribed timeframe.
The restructing of the Lake Babine Treaty boards is now concluded and will be implemented in April/May 2009.
Lake Babine Treaty also received $15,000 for the Yekooche overlap meetings. Two overlap meetings were held with Yekooche Nation leaders and two planning sessions with representatives of the Council, elders and hereditary chiefs. Lake Babine Treaty may also hold a meeting with another four Nations who were overlapped by Yekooche First Nation.
